Orange County NC Website
, <br />17 - <br />meaning of the ordinance. In the exercise of <br />this power the Board must apply, not vary, the <br />terms of this ordinance,•and no, showing of <br />hardship is required. Any variation must <br />meet the requirements for a variance as set <br />forth.in Section 12.3.3 of this ordinance. <br />12.3.3 Variances <br />The Hoard is to make decisions regarding the <br />granting of "Variances" from the literal <br />terms of the ordinance in hardship cases - <br />where such variances will not subvert the <br />meaning and spirit of this ordinance, The <br />Board of Adjustment shall not•grant a variance <br />from the literal terms of this ordinance except <br />in cases where each and all of the following <br />shall be determined: <br />12.3.3.1 There are practical difficulties <br />or unnecessary hardships in the way <br />of carrying out the ordinance, where <br />the property owner shall prove•(a) that <br />if.he complies with the provisions of <br />the ordinance, he can secure no- <br />reasonable return from, or make no <br />reasonable use of his property; — - <br />(b) that the hardship results from <br />the application of the ordinance; <br />(c) that the hardship is suffered <br />directly by the property in question, <br />and is not merely a general need such <br />as a lack of desirable developments or <br />arrangements in the surrounding area; <br />(d) that the hardship is peculiar to <br />the applicant's property; (e) that the <br />hardship is not the result of the <br />applicant's own actions. <br />12.3.3.2 The variance is in harmony with the <br />general purpose and intent of the <br />ordinance; and preserves its spirit. <br />The Board shall grant no variance which <br />would permit any use OT-land or build- <br />ings prohibited by any other.section <br />of this ordinante. Only variances in <br />setback, lot area, yard and other <br />dimensional requirements are permitted. <br />12.3.3.3 In the granting of the variance the- <br />public safety and welfare are assured, <br />substantial justice is done both to <br />the applicant property owners the <br />owners . of adjacent properties,• and the <br />M_;: <br />